Bulletin - John Jay College Of Criminal Justice - CUNY

APPENDIX
assistance of the campus ombudsman or other appropriate person
to facilitate informal resolution.
D. If resolution is not possible, and the Fact Finder concludes that
the facts alleged by the student, taken as true and viewed in the
light most favorable to the student, establish that the conduct
complained of is clearly protected by academic freedom, he or she
shall issue a written report dismissing the complaint and setting
forth the reasons for dismissal and send a copy to the complaining
student, the faculty member, the chief academic officer and the
chief student affairs officer. Otherwise, the Fact Finder shall
conduct an investigation. The Fact Finder shall separately
interview the complaining student, the faculty member and other
persons with relevant knowledge and information and shall also
consult with the chief student affairs officer and, if appropriate, the
college ombudsman. The Fact Finder shall not reveal the identity
of the complaining student and the faculty member to others except
to the extent necessary to conduct the investigation. If the Fact
Finder believes it would be helpful, he or she may meet again with
the student and faculty member after completing the investigation
in an effort to resolve the matter. The complaining student and the
faculty member shall have the right to have a representative
(including a union representative, student government
representative or attorney) present during the initial meeting, the
interview and any post-investigation meeting.
E. At the end of the investigation, the Fact Finder shall issue a
written report setting forth his or her findings and
recommendations, with particular focus on whether the conduct in
question is protected by academic freedom, and send a copy to the
complaining student, the faculty member, the chief academic
officer and the chief student affairs officer. In ordinary cases, it is
expected that the investigation and written report should be
completed within 30 calendar days of the date the complaint was
filed.
V. Appeals Procedure. If either the student or the faculty member is not
satisfied with the report of the Fact Finder, the student or faculty member
may file a written appeal to the chief academic officer within 10 calendar
days of receiving the report. The chief academic officer shall convene and
serve as the chairperson of an Appeals Committee, which shall also
include the chief student affairs officer, two faculty members elected
annually by the faculty council or senate and one student elected annually
by the student senate. The Appeals Committee shall review the findings
and recommendations of the report, with particular focus on whether the
conduct in question is protected by academic freedom. The Appeals
Committee shall not conduct a new factual investigation or overturn any
factual findings contained in the report unless they are clearly erroneous.
If the Appeals Committee decides to reverse the Fact Finder in a case
where there has not been an investigation because the Fact Finder
erroneously found that the alleged conduct was protected by academic
freedom, it may remand to the Fact Finder for further proceedings. The
committee shall issue a written decision within 20 calendar days of
receiving the appeal. A copy of the decision shall be sent to the student,
the faculty member, the department chairperson and the president.
VI. Subsequent Action. Following the completion of these procedures,
the appropriate college official shall decide the appropriate action, if any,
to take. For example, the department chairperson may decide to place a
report in the faculty member's personnel file or the president may bring
disciplinary charges against the faculty member. Disciplinary charges
may also be brought in extremely serious cases even though the college
has not completed the entire investigative process described above; in that
case, the bringing of disciplinary charges shall automatically suspend that
process. Any action taken by a college must comply with the bylaws of
the University and the collective bargaining agreement between the
University and the Professional Staff Congress.
VII. Campus Implementation. Each campus shall implement these
procedures and shall distribute them widely to administrators, faculty
members and students and post them on the college website.
VIII. Board Review. During the spring 2009 semester, the Chancellery
shall conduct a review of the experience of the colleges with these
procedures, including consultation with administrators, faculty and
students, and shall report the results of that review to the Board of
Trustees, along with any recommended changes.
SECTION 504 OF THE REHABILITATION ACT OF
1973 AND THE AMERICANS WITH DISABILITIES
ACT OF 1990
In accordance with Section 504 of the Rehabilitation Act of 1973,
“The Civil Rights Act” for the people with disabilities and the
Americans with Disabilities Act of 1990, the College adheres to the
law that states in part that: “No otherwise qualified individual ...
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